Indian Penal Code, 1860, Section 302, 143, 148, 149, 114, 324 -- Murder - Unlawful assembly - Acquittal upheld on following grounds: (i) Motive not proved; (ii) Testimonies of eye witnesses and their presence at the spot doubtful; (iii) Delay in making FIR not explained; (iv) Search and seizure doubtful as blood stained clothes of witnesses not seized; (v) Police officer..........
Indian Penal Code, 1860, Section 324, 325, 148, 149 -- Delay of 11 days in lodging FIR - No satisfactorily explanation for such inordinate delay - Unreasonable and undue delay of filing FIR can throw a cloud of suspicion on deeds of prosecution case - Testimony of complainant was wholly inconsistent and replete with contradictions - High Court committed grave error by..........
Indian Penal Code, 1860, Section 323, 324, 325, 326, 504, 506 -- Voluntarily causing hurt and grievous hurt - Accused assaulted injured persons with lathis fitted with farsa - FIR lodged after 2-1/2 days and no explanation given for such delay - I.O not stated in his evidence that injuries sustained by injured were caused by accused persons - Infact injured had received..........
Indian Penal Code, 1860, Section 302, 324, 326, 147, 148, 149 -- Murder - Five persons assaulted and one died - Four injured were alive but only first informant and his sister were examined, rest injured withheld by prosecution - No independent witness to support the prosecution version - Motive assigned was not sufficient - Prosecution failed to establish the place of..........
Indian Penal Code, 1860, Section 307, 324, 323 -- Nature of offence - Assault cannot be imputed the character of such nature that it was always intended to cause death - Finding of acquittal recorded u/s 307 IPC is wholly justified under the facts and circumstances of the case - Marpit took place at the spur of moment without any plan or premeditation - No reason to..........
Indian Penal Code, 1860, Section 307, 323, 324, 427, 506 -- Attempt to murder - Respondents were to resume their possession over the chak allotted in their favour - It also comprised the land of informant - Informant party was not willing to part with the possession of land - As such, there was a clash, which resulted in injury on both the sides - Held, injuries were so..........
Indian Penal Code, 1860, Section 302, 148, 149, 307, 323, 324, 326, 427, 447 -- Murder - Unlawful assembly - Common object - No specific role attributed to respondent Nos.2 to 10 and other accused persons - No specific injury attributed to them - None of eye witnesses has stated any overt act against respondents and accused persons - Held, prosecution failed to prove its..........
Indian Penal Code, 1860, Section 302, 149, 147, 148, 323, 324 - - Murder - Conviction - Sustainability - Prosecution not able to establish guilt beyond all reasonable doubt and has suppressed real genesis of incident too - Fact witnesses not deposed real truth and has concealed very significant aspect of accused injuries, which makes them untrustworthy witnesses - FIR is..........
Indian Penal Code, 1860, Section 307, 498A, 324, 406, 34 -- Offence u/ss 307, 498A, 324, 406, 34 - Appeal against acquittal - Accused, husband and his family members allegedly physically assaulted complainant and poured kerosene on her body to set her on fire in which they failed - As per complainant match stick landed on her duppatta, she threw it off immediately to save..........
Indian Penal Code, 1860, Section 323, 324, 34 -- Voluntarily causing hurt with common intention - Beating with sticks - Agricultural land main cause of dispute - Police neither got the land in dispute demarcated nor obtained revenue papers - Accused claimed that civil litigation pending and that they had obtained stay - Fact of litigation admitted by complainant - Accused..........
